Dale L. Whittington - Page 4




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               The RTVUE showed that petitioner reported negative adjusted            
          gross income in the amount of $2,235,940 and a total tax                    
          liability in the amount of $13,733.  The parties do not dispute             
          that the amounts listed on the RTVUE correctly reflect the                  
          amounts reported on petitioner’s 1994 return.  Petitioner did not           
          report any dividend income for the 1994 tax year.                           
               On October 7, 1997, respondent sent petitioner a Form 4549-            
          CG, Income Tax Examination Changes, together with a Form 4564,              
          Information Document Request, requesting copies of petitioner's             
          1993 and 1994 tax returns.  At that time, respondent also                   
          requested that petitioner verify the net Schedule E losses in the           
          amount of $973,006 and net operating losses in the amount of                
          $1,795,146.  Even though the examining agent contacted both                 
          petitioner and petitioner's counsel several times, neither                  
          provided copies of petitioner’s 1993 and 1994 tax returns nor               
          verified the losses as requested.                                           
               Respondent mailed a notice of proposed income tax changes              
          (30-day letter) to petitioner on November 6, 1997.  Respondent              
          concluded that petitioner had received $356,124.92 from Levitz              
          and that only $47,579.12 of this amount was a nontaxable return             
          of capital.  Respondent also concluded that petitioner had                  
          overstated his net Schedule E losses in the amount of $973,006              
          and net operating loss deductions in the amount of $1,795,146.              
          Respondent calculated that petitioner had a corrected taxable               





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